These terms apply to all bookings, gift vouchers, whale-watching tours and private hire agreements. By placing a booking, you and your attending party accept our terms and conditions - please ensure all attending guests have read and agree to our terms and conditions.

Risk:

• Phillip Island Whale Watching aims to provide a safe and happy tour experience for our customers. However due to the nature of boat-tours, ocean-based activities, as well-as unforeseen weather events, please be mindful that there is a remote risk of injury, or death when participating in any boat-based activity.

  Please understand and appreciate the dangers involved and once aboard the vessel the customer must assume and accept all these risks, and also follow the required safety procedures while on board the vessel to minimise risk.

General Rules:

• Please arrive at least 20 minutes prior to the departure time of your trip (at San Remo Jetty, Marine Parade, San Remo; or otherwise arranged location). Check in commences 20 minutes before the scheduled departure time and closes at the scheduled departure time. Unless otherwise agreed, the tour will depart at the scheduled time and we will not wait for customers who have booked, unless they have contacted Phillip Island Whale Watching to make such arrangements.

• During peak times - weekends, school holidays and public holidays, we recommend that you arrive in San Remo at least 45 minutes before the departure time to ensure you have adequate time to park your car and walk to the Jetty.

• Customers who arrive late and miss the tour will not be refunded. The operator reserves the right to refuse a refund in this instance.

• Phillip Island Whale Watching will endeavor to contact you the day prior to your scheduled trip to confirm your trip either by phone or by text. It is the customers responsibility to ensure they have confirmed attendance before 6:00pm the night before in order to confirm that the trip is going ahead and confirm departure times.

• All Whale Watching tours depart from San Remo Jetty, unless otherwise advertised or scheduled with the customer.

• Advertised tour prices are subject to change.

• Phillip Island Whale Watching reserves the right to charge a 30% surcharge for tours operating on Gazetted Victorian public holidays.

Number of Passengers:

• Maximum number of passengers is 30 persons, however Phillip Island Whale Watching prefers to operates a maximum of 16 participants on any given tour unless otherwise arranged, or under extreme circumstances. Phillip Island Whale Watching reserves the right to increase the maximum number of participants in the event that this is necessary or at the Skipper’s discretion.

• Phillip Island Whale Watching requires an overall minimum number of 8 participants for the trip to go ahead. In the event that insufficient numbers can be obtained to proceed with the trip, the customer may nominate to cover the minimum charge to hire the boat, select an alternate date or a refund can be requested if we are unable to book the required numbers for the trip to go ahead. Phillip Island Whale Watching reserves the right to cancel tours if minimum numbers are not met. A full refund of monies paid will be issued. Please note that refunds may take 5 - 7 days to be available with your bank.

• There is no minimum number of passengers for a private group booking whereby the customer agrees to hire the boat on an hourly rate. The maximum number of person is 20 people (unless otherwise arranged).

Bookings and Payments:

• All bookings require a 40% deposit to be paid at the time of booking, with the balance to be payable before departure. Payment can be made on the vessel by cash or card.

• For online bookings, this payment can be made online using a credit/debit card.

• For phone bookings, a deposit payment can be made via direct debit (Use Phillip Island Whale Watching’s phone number to access pay ID and use the date of your booking & name as the reference).

• In the event that the trip does not go ahead due to adverse weather, or insufficient numbers, and in the event that we are unable to reschedule your trip, your booking deposit will be refunded into your nominated bank account.

• All trips are refundable if Phillip Island Whale Watching cancels the tour. Gift Vouchers are not refundable in the event that a trip is cancelled, unless other arrangements are made with us. Trips booked with a Gift Voucher will be rescheduled.

• The person making the booking is responsible for the total payment of the organised trip. If they have made a booking for 5 people and only 4 people turn up, then they are responsible for paying for the entire booking to ensure that minimum numbers are met - unless otherwise negotiated with us. The person making the booking is responsible for ensuring the balance of the booking is paid in full.

• Please ensure you book on the correct date for your tour. No refunds will be issued if you missed your tour because you selected the incorrect date and it has fallen outside of the cancellation period.

• Phillip Island Whale Watching reserves the right to charge the full price at the time of booking at our discretion if we feel that this is necessary.

Cancellations and Refunds:

• Private boat tour bookings: Phillip Island Whale Watching requires 7 days notice to cancel a private boat tour, unless otherwise negotiated. If you have booked a full boat and there are cancellations within your party, we require a minimum of 7 days’ notice to fill the vacancy or your party will be liable to pay the difference. In the event that 7 days notice is not given, you will forfeit your deposit. Private group bookings require a greater notice period as it is difficult to secure minimum numbers to run a viable tour at short notice.

• Mixed Group Tours: Tours cannot be cancelled less than 24 hours before the scheduled departure. If you cancel within 24 hours or fail to check in for your scheduled tour you will not be issued a refund or opportunity to reschedule your tour unless otherwise arranged.

• You may cancel your tour and you may nominate a full refund of deposit or reschedule (transfer your deposit to an alternative date) providing you contact Phillip Island Whale Watching at least 24 hours before your scheduled departure date & time.

• Refunds or rescheduling due to illness will be granted at the discretion of Phillip Island Whale Watching.

• If a person becomes unwell and requests to be returned back to shore, then no refund will be given and it is also up to the Skipper’s discretion whether or not to return to port.

• If a passenger fails to obey safety instructions or the direction of the Skipper, or behaves inappropriately on the vessel, the passenger may be returned to Port early and not issued a refund or opportunity to reschedule.

• Phillip Island Whale Watching will not be held liable for any indirect costs incurred by booking a fishing charter with us that is cancelled due to unforeseen circumstances or weather events.

• In the event the trip is cancelled at any time by Phillip Island Whale Watching, we will not be held liable for any travel costs, meals, accommodation or any other costs the customer may have incurred.

Children On Board:

• Due to occupational health and safety, children under 5 years are discouraged from coming on the boat, as the boat is not suitable for children so young. Please be advised that children under 5 years of age at placed at additional risk in the event that passengers and crew are required to abandon the vessel.

• Children under the age of 5 years old may attend at the Skipper’s discretion.

• Children are not charged a discounted rate. All passengers aboard Phillip Island Whale Watching tours count as 1 person.

• All persons, but particularly children on board Seafisher must adhere to the rule “two feet on deck at all times”. Parent and caregivers must supervise and ensure that children do not climb on railing, side panels, seats or raised areas of vessel.

• Children must be able to fit a child-size life jacket available on-board.

• All children under the age of 5 must be supervised by an adult at a 1:1 ratio.

• All children regardless of age must be actively supervised by a parent or caregiver. Parents and Caregivers are responsible for ensuring that children behave appropriately, safely and respectfully towards other tour passengers.

Gift Vouchers:

• Gift vouchers must be produced at the time of boarding, otherwise a new fare must be paid.

• If the customer holding the voucher misses the trip on the booked day without providing notice or is late and boat has left port, then the voucher will be forfeited.

• Gift vouchers are not transferable or refundable.

• It is preferred that Gift Vouchers are redeemed within 12 months of purchase, unless otherwise arranged.

• In the event that the tour is cancelled due to unforeseen circumstances or weather, your gift voucher can be redeemed at a later date.

• Gift Vouchers cannot be redeemed for cash or credit, and money will not be refunded under any circumstances. Replacement gift vouchers can be issued in the event that it is lost, providing that proof of payment can be provided.

Weather:

• All charter tours are subject to suitable weather conditions (the decision is made at the discretion of the skipper) and we reserve the right to cancel any trip due to bad weather (even at short notice). Tours will not go ahead in Gale or Near Gale wind conditions.

• We require the customer to contact us before 6:00pm the night before the scheduled tour in order to confirm the weather conditions. Phillip Island Whale Watching will attempt to contact you, if you have not heard from us, it is the customers responsibility to confirm the tour.

• You will be notified at the soonest possible instance that weather forecasts prevent the scheduled tour from going ahead. Phillip Island Whale Watching reserves the right to cancel tours at any time due to unfavourable weather conditions.

• Off-shore trips are pending on weather conditions. To travel in Bass Strait we require settled conditions that adhere to Marine Board requirements. If inclement weather conditions prevail, it is up to the Skipper’s discretion as to whether the trip will proceed. You may nominate a full refund of deposit or transfer your deposit to an alternative date if your trip has been cancelled due to weather.

• In an instance where the weather may turn unexpectedly while on board the vessel it is at the discretion of the Skipper as to whether any, a full, or part refund is given depending on the length and quality of the tour.

• From time to time the weather can change quickly and a reschedule may be necessary at short notice. The Skipper, after consultation with the client dock side, has the right to cancel if deemed unsafe for ship, crew and customers. We don’t cancel unless we are absolutely confident we have all information regarding the weather. Remember – it is our aim to maintain a safe and comfortable environment for our customers.

• For group charters, and people who have booked accommodation ahead of time, we recommend having an alternative activity in mind in the event that your tour is cancelled due to weather.

Safety on board:

• A safety brief is given on board before departure. If you do not understand the brief or if it is unclear please ask us to repeat/clarify the safety messages before departure.

• All customers must declare any pre-existing medical conditions or any medication prior to departure (as some people may require special attention). Failure to declare medical conditions is considered negligent and Phillip Island Whale Watching will not assume should an incident arise on board as a result of pre-existing medical conditions that have not been declared prior to departure.

• Customers with pre-existing medical conditions, or those deemed to be at increased risk may be asked to complete a liability waiver and assumption of risk form prior to departure.

• We have the right to ask any customer to wear a life jacket at any time.

• All children under 16 need to be accompanied by an adult .

• In the event of injury or life changing events occurring as a result of the tour, Phillip Island Whale Watching holds public liability insurance.

• Phillip Island Whale Watching reserves the risk to refuse entry to any person who is deemed to pose significant risk on board. In the instance that a person is refused entry, and failed to disclose medical conditions prior to the departure date, a refund will not be issued. If you are unsure, please call us to discuss at least 24 hours prior to departure.

• Please note: There is a significant step down to access the on board toilet. Those with mobility issues should contact us prior to departure to check if the on-board toilet will be suitable for use. If you are not confident stepping down two steep steps, please use the facilities near the Jetty prior to departure.

Customer Behaviour:

• It is required that all customers behave in a safe and respectful manner to all staff, other customers and our property. This allows applies to behaviour at the Jetty before and after the tour, and having respect for other Jetty users in the vicinity.

• If we find that there has been loss or damage to our equipment or vessel due to negligence or unruly behaviour then the customer will be liable for replacement or repair of the item (funds will be taken from the credit card that is held for security).

• Our staff should be treated with respect at all times, they are not to be insulted, sworn at, abused or defamed. The Skipper reserves the right to cancel any trip or return to any Port any individual (without refund) where staff are being harassed and or abused.

• The Skipper reserves the right to cancel a trip and payment forfeited if unruly or unsafe behaviour is displayed.

• In the event that customers are required to wear a life jacket, please be aware should you inflate or damage them you will be charged for a replacement and or service of the lifejacket, you will be charged a fee of $100.00 per jacket.

Drugs & Alcohol:

• Alcohol is allowed onboard the vessel, however responsible consumption of alcohol is to be adhered to. Moderate alcohol consumption refers to no more than 3 standard drinks per person.

• No glass is allowed on board the vessel. Alcohol should be purchased in cans or decanted in a plastic bottle.

• The Skipper reserves the right to: refuse alcohol onboard if he deems it to be unsafe, refuse a passenger onboard the vessel if they are under the influence of alcohol and can cancel the trip with no refund.

• Any behaviour we deem inappropriate, especially on private charters, will result in your charter being cut short and your group being returned to shore and the tour will be terminated without a refund.

• The Skipper reserves the right to notify Police of the imminent return to the closest Port to deliver Drunk & Disorderly customers

• Drugs in any form are not tolerated and will not be allowed on the boat. (Prescription medications exempt). If a customer attempts to smoke or consume an illegal substance the skipper will immediately report this to the Marine Police and the trip will be immediately cancelled. No refund will be issued, and the matter will be handed to the police.

Privacy:

• All customer details obtained during booking, including names, postal or email addresses, telephone numbers, credit card details and bank account details are used solely for the purpose of securing your booking with Phillip Island Whale Watching. These details will not be shared, sold, distributed or released to any other parties.

• Booking made via our website:

  We collect personal information from you to secure your booking. We may collect information like your:

  Billing address

  Email address

  Name

  Phone number

  We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us.

  Our payment processor Square will also collect payment information from you. You can read their privacy policy at https://squareup.com/au/en/legal/general/privacy-no-account

Privacy:

• Animals, with the exception of guide & assistance dogs are not permitted on the vessel.

Whale Sightings

• Working in nature, it is not possible to guarantee sightings of whales, or other marine mammals. Although whale sightings occur on the majority of tours, we cannot promise that you will have an experience with marine mammals. We will however, endeavor to do everything in our power to ensure you have a whale or dolphin encounter. We accept no responsibility for refunding the tour cost if you do not have a marine mammal encounter.

Infectious Illness & COVID Policy

• In the event of an infectious illness outbreak, such as the recent COVID pandemic, Phillip Island Whale Watching will endeavor to work with you to reschedule your tour. Please contact us as soon as possible to report and discuss your illness. Refunds will be issued at the operators discretion.

• If you are feeling well, please reschedule your charter or consider wearing a face-mask to protect other passengers and crew from infection.